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TMI Blog1975 (9) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... d under s. 148 of the I.T. Act, 1961, for the assessment year 1956-57. The said notice was issued on the 26th of March, 1973, under cl. (a) of s. 147 of the I.T. Act, 1961. The reasons for reopening the assessment of the assessee have been annexed in the affidiavit-in-opposition. The said reasons read as follows : " The assessee maintains a current account with the Bank of India in the name of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee to disclose fully and truly all material and relevant facts necessary for the assessment. In para. 5 of the petition, it is stated that during the assessment proceedings, the husband of the petitioner, Dr. B. Halder appeared before the ITO and produced the books of account and other relevant materials. It is further stated in the said para. 5 of the petition that during the assessment p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te the statement that the bank pass books which were called for were, in fact, produced by the assessee. Furthermore, there is no affidavit controverting the statement made on behalf of the assessee by the assessee's husband. In that view of the matter, it must be accepted that the bank pass books were in fact produced. The question, therefore, is that the bank pass books having been produced by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 26th of March, 1973, is hereby quashed and the respondents are restrained from giving effect to the said notice. If, however, in the meantime, any assessment has already been made in pursuance of the said impugned notice dated 26th March, 1973, the same is also quashed and set aside. The rule is made absolute accordingly but there will be no order as to costs. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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